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HomeMy WebLinkAbout01-5489CRAIG T. HOUGHTON, Plaintiff CATHERINE HOUGHTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION o LAW : NO. c>t~X"tPy : 1N DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 CRAIG T. HOUGHTON, Plaintiff CATHERINE HOUGHTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. O! ~ ,_4'q/5~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE ~NQ FAULT Plaintiff is Craig T. Houghton, an adult individual currently residing at 1058 Stony Bridge Drive, Chambersburg, Franklin County, Pennsylvania, for approximately one month. Defendant is Catherine Houghton, an adult individual currently residing at 1259 Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania, since 1994. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on May 1, 1982, in Cleveland Heights, Cuyahoga County, Ohio. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. Respectfully submitted, Mary~l~atas, Esq~re Attornep~ Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. CRAIG T. HOUGHTON, Plaintiff CATHERINE HOUGHTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-5489 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 26t~ day of September, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, Craig T. Houghton, and states that a txue and attested copy of a Complaint in Divorce was sent to the Defendant, Catherine Houghton, at 1259 Means Hollow Road, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on September 22, 2001. Marylo~t~ts, Esquir~ v Attorney fdr~laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before, me this '7_ ~" day of '"~fJ~ _ , 2001 ~TARY P,~JBLIC flsaJ Lehman Notary ~-uu, Ka · d county · Comptete Items 1, 2, and 3. Also ~omplete item 4 If Restated Detlve~ la deaimcl. ~' Print ~our name and address on the reverse · Att~ this card to the back of the mallplece, [~Y~ 1. Ntlcle~eed to: addm~ below: [] No / [],~.~, o o.o.o. PS Form 3811, July 1999 Dome.~ R~ ~ I~SgS~M~2 CRAIG T. HOUGHTON, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION - LAW CATHERINE HOUGHTON, · NO. 01-5489 Defendant · IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concemirtg alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me irnatediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~TON / . CRAIG T. HOUGHTON, Plaintiff Vo CATHERINE HOUGHTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-5489 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 20, 2001, and served on September 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~JERINE HOUGHTON, D~fendant CRAIG T. HOUGHTON, Plaintiff Vo CATHERINE HOUGHTON, Defendant · CWIL ACTION · NO. 01-5489 · IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice· 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ' E H6~IGH~TON, dant CRAIG T. HOUGHTON, Plaintiff Vo CATHERINE HOUGHTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : · NO. 01-5489 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under {}3301 (c) of' the Divorce C6de was filed on September 20, 2001, and served on September 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Cmnplaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. CRAIG T. HOUGHTON, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION LAW CATHERINE HOUGHTON, 'NO. 01-5489 Defendant · IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under {}3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail, restricted delivery on September 22, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of' the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff.' February 6, 2003 by Defendant: February 5, 2003 (b) (1) Date of execution of the affidavit required by !i3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Prothonotary: February 11, 2003 Waiver of Notice in §3301 (c) Divorce was February 11, 2003 .... j / /, Marylou~!~.. atad;~ l~s 6ui'r; ~ ' mFFm SOC AVeS Attornm for Plaint~ filed with the PROPERTY AND SEPARATION AGREEMENT BETWEEN CATHERINE D. HOUGHTON CRAIG T. HOUGHTON BARLEY, SNYDER, SENFT & COHEN, LLC 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 AGREEMENT made this Houghton of 1259 Means hereinafter referred (C~' day of .~".~9~o~4w}~. ,2003, by Catherine D. Hollow Road, Shippensburg, Cumberland County, Pennsylvania, to as "Wife", and Craig T. Houghton of 1058 Stony Bridge Drive, Chambersburg, Franklin County, Pennsylvania, hereinafter referred to as "Husband". WlTNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 1, 1982 in Cleveland Heights, Cuyahoga County, Ohio. There were two children bom of this marriage, said Connor M. Houghton, bom August 10, 1986, Sarah M. Houghton, bom June 20, children being: 1991; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separale and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges 2 acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effec~I have been fully explained to the parties by their respective counsel, Lynn Y. MacBride, Esquire, for Wife and Marylou Matas, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence amd that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information between the parties and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1980. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge tangible personal property including, but without that they have previously divided their limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances,, pictures, books, works of art and other personal property and hereafter Wife agrees that all of 'the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all fight, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 1995 Honda shall become the sole and exclusive property of Wife along with any and all liens and encumbrances. b. The 1988 Nissan, the 1963 Mercury, and the: 1989 GMC Pickup Truck shall become the sole and exclusive property of Husband along with any and all liens and encumbrances. c. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. REAL ESTATE: The parties hereto acknowledge and agree that they are owners by the entireties of a certain improved tract of real estate situated in Shippensburg, Cumberland County, Pennsylvania, known as 1259 Means Hollow Road, Shippensburg, Pennsylvania, and more specifically described in Cumberland County Deed Book Volume # , Page # For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that said real estate shall become the sole and exclusive property of Husband. Husband shall refinance the real estate within ninety (90) days of the signing of this Agreement. Pending his refinancing, Husband shall take over individual responsibility for the mortgage payments, taxes, and any other liens or encumbrances against the real estate. Upon Husband's refinancing, Wife shall sign a Deed transferring the real estate into Husband's individual name. Wife shall be responsible for payment for one-third the mortgage on the marital home from January through June 2003 or until Wife moves out of the marital home. Wife shall be credited with payment of $610.~3,0 by signing over to Husband the tax credit check which is in the amount of $1,221.00. The balance of Wife's responsibility for one-third of the mortgage payment shall be discharged as a set off against the final settlement due from Husband to Wife. Wife and the children shall have the right to reside in ~the real estate until the end of the children's school year or June 30, 2003, whichever comes last. Wife shall be responsible for any repair or maintenance required in the house which shall cost less than $100.00 so long as she continues residence in the house. Husband shall be responsible for any repair or maintenance to the real estate costing over $100.00, even during Wife's continued residency, so long as these repairs are reasonable wear and tear, not caused by Wife's specific doing, and agreed upon by the parties as reasonable and necessary. In the negotiation of this Agreement, the parties have taken into consideration the payments made by Wife on the marital mortgage to the extent that they have lowered the principal due. The parties have agreed to credit Wife with payment of $3,078.30 against the principal balance of the mortgage. Further, in the negotiation of this Agreement, the parties have agreed that Wife was credited with work she has done on the xnarital real estate since separation. Wife has been given a credit of $1,500.00 for this work. 12. PENSION INTERESTS: a. The parties recognize that Wife has a TIAA CREF retirement account with a balance of approximately $18,532.00. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in this retirement plan; b. The parties recognize that Wife has a Dreyfus Growth and Income Fund with a value of approximately $6,900.00. The parties stipulate and agree that the dollars in this fund are Wife's non-marital asset, having come from an inheritance to Wife. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in this fund; c. The parties further recognize that Husband has a TIAA CREF retirement account with a balance of approximately $72,202.00 and a Dreyfus Growth and Income Fund with a balance of approximately $7,831.00. For the mutual promises and covenants contained in this discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 16. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent mad agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of l:he other may be liable. 18. WAIVER OF SUPPORT: a. Husband hereby waives all right to claim against Wife spousal support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband spousal support, alimony, alimony pendente lite, counsel fees and expenses. 11 19. MUTUAL RELEASES: Husband and Wife each do hereby mutually remis.e, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate whicl~ he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse"s estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, aliraony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except 12 and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on or about September 13, 2001. Both parties shall, at the time of the execution of this Agreement, furnish Husband's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Husband will bear the cost of same in his individual capacity. Husband shall finalize this divorce action immediately following the date of execution of this Agreement. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1980-26. 13 b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 22. LEGAL FEES: In the review and preparation of this Agreement each party shall bear his/her own legal fees. 23. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all 14 of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. TAX CONSEQUENCES: By this agreement, the parties have intended to effec~tuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any arid all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the 15 aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 29. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 30. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect umless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 16 IN THE COURT Of COMMON CRAIG T. HOUGHTON~ Plaintiff OF CUMBERLAND COUNTY STATE OF ~~. PENNA. N O. 01-5489 CIVIL TERM VERSUS CAq'~E. RINE HOIIGHTON: Defendant PLEAS DECREE IN DIVORCE AND NOW, , ~0(~-~, It IS ORDERED AND DECREED THAT Craig T. Houghton AN D Catherine Houghton ARE DIVORCED FROM THE BONDS OF MATRIMONY. _, PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WhiCH HAVE BEEN RAISED OF RECORD iN THIS ACTION for WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property and Separation Agreement dated Fe'bruary 6, 2003, is incorporated herein~ but not merged. ATT~~~ j. PROTHONOTARY CRAIG T. HOUGHTON, Plaintiff Vo CATHERINE HOUGHTON, Defendant · CIVIL ACTION · NO. 01-5489 · IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of '~ ~ ~ ,2003, it appears to the Court as follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of dissolution of marriage dated February 20, 2003, in that action pending in this Court at the above number. 2. Craig T. Houghton, social security number 104-52-1474, hereinafter referred to as "Participant", is employed by Pennsylvania State University, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract CREF RA Certificate No. C233000-3 No. U233000-1 Craig T. Houghton's current and last known mailing address is 1058 Stoney Bridge Drive, Chambersburg, Pennsylvania 17201. The Alternate Payee is Catherine D. Houghton, whose current and last known mailing address is 1259 Means Hollow Road, Shippensburg, Pennsylvania 17257. The Alternate Payee's social security number is 284-66-1747, and date of birth is August 6, 1958. To accommodate the marital/community property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property; B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Altemate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: i) Marital portion is a dollar amount and has been determined. a) Accumulations are to be valued as of February 5, 2003, the date the Martial/Community property interest ceased: TIAA RA No. C233000-3, $8,665.42 CREF RA No. U233000-1, $30,000.00 ii) Transfer Values The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF. The TIAA TraditionaF accumulation will increase over time, whereas the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. Do ii. 111. iv. All ownership rights in the newly issued annuities will belong to the Alternate Payee The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA- CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan. Reaffirmation/Termination of Alternate Payee's status as beneficiary of Eo record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination -as of the date of TIAA-CREF's :receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. TIAA Traditional Retirement Annuities (RAs) do not allow single sum withdrawals or transfers to alternate carders. For other TIAA-CREF annuities, the Alternate Payee's right to receive single sum withdrawals and/or transfer all or Fo o By the Court a part of the accumulation to an alternate carder may be limited in accordance with the contributing employer's plan. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within thirty (30) days of the request for same. This Order: A. does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this Order is rendered invalid, the balance of the Order will remain fully enforceable. This Court reserves jurisdiction to issue further orders as needed to execute this